Immigration Law

The standard immigration laws are very complex and difficult for laypersons to understand.
To expedite the process, everyone should seek counsel with an immigration attorney before requesting immigrant and non-immigrant visas, work permits, permanent residency and/or citizenship. Do not rely on internet information, which may be outdated as immigration laws, procedures and forms are constantly changing. Additionally, there is a lot of misinformation on the internet. Applying for the wrong type of relief or incorrectly answering a question can cause additional problems.

Many people mistakenly believe that immigration law is just “form filing.” In fact, the field of immigration law is very complex and changes frequently. Even relatively simple matters involving immigration issues can become problematic. To avoid significant mistakes which could end up in deportation proceedings or prolonged waiting time inside or outside the U.S., it is highly recommended to hire an attorney.

Additionally, some individuals try to avoid the cost of an attorney by hiring a “notario.” A notary public in the United States is authorized only to witness. These individuals are not lawyers and legally cannot help with you any immigration processes. In many cases the work performed by such individuals results in missed deadlines, the filing of incorrect or incomplete forms, or the filing of false claims with the government. As a result of the advice or actions of such individuals an immigrant can miss opportunities to obtain legal residency, can be unnecessarily deported, or can be subject to civil and/or criminal liability for the filing of false claims.

Some of the immigration matters you can contact Ashley F. Morgan Law, PC, about include:

Temporally Protective Status/DACA

Temporary protected status (also called “TPS”) is a temporary immigration status to the United States, granted to eligible nationals of designated countries.

An immigrant who is a national of a country (or immigrant having no nationality who last habitually resided in that country) designated for TPS is eligible to apply for TPS benefits if he or she:

Establishes the necessary continuous physical presence and continuous residence in the United States as specified by each designation;

Is not subject to one of the criminal, security-related, or other bars to TPS; and

Applies for TPS within the specified time period. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her TPS benefits under the TPS program.

Modern Political Asylum

Article 14 of the Universal Declaration of Human Rights states that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” The United Nations 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees guides national legislation concerning political asylum.

Under these agreements, a refugee is a person who is outside their own country’s territory owing to fear of persecution on protected grounds.

Protected grounds include race, nationality, religion, political opinions and membership and/or participation in any particular social group or social activities.

These are the accepted terms and criteria as principles and a fundamental part in the 1951 United Nations Convention Relating to the Status of Refugees non-refoulement order. Since the 1990s, victims of sexual persecution (which may include domestic violence, or systematic oppression of a gender or sexual minority) have come to be accepted in some countries as a legitimate category for asylum claims, when claimants can prove that the state is unable or unwilling to provide protection.

Links to U.S. citizenship and immigration services

Removal Proceedings

Removal proceedings are administrative proceedings to determine an individual’s removability under United States immigration law.

Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an immigration judge (IJ). Persons in removal proceedings are called “respondents.”

Cases are decided by immigration judges, who are appointed by the Attorney General and are part of the Department of Justice.

Removal proceedings are prosecuted by attorneys from the Department of Homeland Security (“DHS”), or more specifically, U.S. Immigration and Customs Enforcement.

The letter in the mail looks ominous. You may not understand everything it says but you know it is not good. You know what it means- the U.S. government is seeking your removal from the United States. What’s more is that there is a date for you to appear somewhere.

You don’t know what happens on the date. Is that the day that the government will deport you? Do you get to talk to a judge? Do you need a lawyer? What you need is an explanation.

You need to understand your rights, the process, and the chances you have to remain in the U.S. Information is the key to easing your anxiety. Our Law Firm is committed to taking as much anxiety out of removal proceedings as possible and to educating clients so that they know what to expect.

Naturalization

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). For more information, please call our Law Office. We will tell you if you qualify for naturalization/citizenship, how you must apply, and help walk you through the whole process.

Types of Immigrant Visas

Useful Links

The purpose of your intended travel and other facts will determine what type of visa is required under U.S. immigration law. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying.

When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa, and if so, which visa category is appropriate.

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